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1.- INTRODUCTION

 

2.- ABOUT US AND THESE TERMS AND CONDITIONS

 

3.- USE OF OUR WEBSITE

 

4.- AVAILABILITY OF THE SERVICE AND THE PRODUCTS

 

5.- ORDERS

 

6.- PURCHASING PROCESS

 

7.- PRICE AND PAYMENT

 

8.- DELIVERY

 

9.- TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

 

10.- RETURNS AND EXCHANGE POLICY

 

11.- RESPONSIBILITY

 

12.- COMPLAINT MANAGEMENT

 

13.- PERSONAL DATA PROTECTION

 

14.- NOTIFICATIONS

 

15.- CESSION OF RIGHTS AND OBLIGATIONS

 

16.- EVENTS OF FORCE MAJEURE

 

17.- WAIVER

 

18.- PARTIAL INVALIDITY

 

19.- INTEGRITY OF CONDITIONS

 

20.- MODIFICATION OF THE TERMS AND CONDITIONS OF THE CONTRACT

 

21.- APPLICABLE LAW AND JURISDICTION

 

22.- ONLINE DISPUTE RESOLUTION

 

 

 

1.- INTRODUCTION

 

This document, together with the documents mentioned in it, establishes the terms and conditions (hereinafter, the “Terms and Conditions of the Contract”) that govern the purchasing of the products (hereinafter, the “Products”), that make up our Website www.point1920.com (hereinafter, the “Website”).

 

Please read these Terms and Conditions of the Contract carefully before placing any Order (as defined below). When placing an Order through the Website, you consent to be bound by the Terms and Conditions of the Contract, therefore, if you do not wholly agree with them, you should not use this Website.

 

These Terms and Conditions of the Contract may be modified. It is your responsibility to read them regularly and, in any case, before placing any Order, given that the conditions published on the Website when placing your Order shall be those applicable to you.

 

The Terms and Conditions of the Contract shall be permanently available on the Website; therefore, you may download them whenever you wish.

 

 

 

2.- ABOUT US AND THESE TERMS AND CONDITIONS

 

2.1.- POINT S.L. (hereinafter, “Provider), that operates this Website under the name www.point1920.com, is a Spanish company with address at PARTIDA PLANET S/N 03727 XALO ALICANTE, listed in the company register of ALICANTE, Volume 264, Book 0, Folio 70, Section 8, Sheet A23948 and Tax Identification Number B03129236.

 

2.2.- In these Terms and Conditions of the Contract, the terms that are listed below shall have the following meaning:

 

a) “Clauses”: are the clauses contained in these Terms and Conditions of the Contract.

 

b) “Client”: refers to the person placing the Order.

 

c) “Order Confirmation”: refers to our email in which we confirm the purchase made.

 

d) “Registration”: refers to the registration that the user must make on the Website to be able to complete any Order.

 

e) “Order”: refers to the order placed on the Website in order to acquire our Products.

 

Similarly, for the correct interpretation of these Terms and Conditions of the Contract, please note that the titles of the Clauses only serve as a reference and shall not affect the interpretation of these Terms and Conditions of the Contract.

 

 

 

3.- USE OF OUR WEBSITE

 

3.1.- When you use our Website and/or place Orders through it, you agree to:

 

a) Use this Website exclusively to make legally valid queries or Orders.

 

b) Not place any false or fraudulent Order. If it could be reasonably considered that an order of this kind has been made, we shall be authorised to cancel it and to inform the competent authorities.

 

c) Provide us with your email address, postal address and/or other contact information, truthfully and accurately.

 

3.2.- When placing an Order through this Website, you declare to be older than 18 years of age and have legal capacity to enter into contracts. If these conditions are not met, you must not use this Website.

 

3.3.- Placing an Order through this Website means unreservedly accepting these Terms and Conditions of the Contract. You are responsible for reviewing the current version of the Terms and Conditions of the Contract before placing your Order.

 

3.4.- We reserve the right to deny and/or withdraw access to this Website, at any time and without prior notice, to users that do not comply with these Terms and Conditions of the Contract.

 

3.5.- You must not incorrectly use this Website through intentionally introducing viruses, trojans, worms, logic bombs or any other programme or material that is technologically damaging or harmful. You shall not try to gain unauthorised access to this Website, to the server on which this Website is hosted or any server, computer or database related to our Website. You agree not to attack this Website through a denial of service attack or a distributed  a denial of service attack.

 

Not complying with this Clause may result in infringements classified by the applicable regulation. We shall inform any non-compliance of this regulation to the competent authorities and we shall collaborate with them to discover the identity of the attacker. Similarly, in the event of non-compliance of this Clause you shall immediately no longer be authorised to use this Website.

 

We shall not be responsible for any damage resulting from a denial of service attack, virus or any other technologically harmful or damaging programme or material that may affect your computer, computer equipment, data or material as a result of using this Website or of downloading its content or the content it redirects to.

 

 

 

4.- AVAILABILITY OF THE SERVICE AND THE PRODUCTS

 

4.1.- The use of Website to manage Orders is limited to natural or legal persons only, which in accordance with the applicable legislation, have or acquire the condition of consumers or users.

 

4.2.- The Products that are offered through this Website are only available to deliver to Spanish territory, excluding the Canary Islands, Ceuta and Melilla (hereinafter, the “Territory”). To make a purchase from the Canary Islands, Ceuta and Melilla, please request an estimate at shop@point-sl.com.

 

4.3.- To access the Website and to be able to place any Order you must register through the section https://point1920.com/particularandprofessional-es, completing the required fields in the registration form to create a new user, its use being expressly prohibited for minors. To complete the user registration, you must expressly accept these Terms and Conditions of the Contract, as well as our Privacy Policy. The users that complete the registration shall receive an email to the address they have indicated in the form, confirming the registration and communicating their username and assigned password for personalised access, which shall identify them as a user registered on the Website. Each registered user is responsible for preserving the confidentiality of their password and to make diligent use of it. If there is any suspicion of an unauthorised use of the password, the registered user must communicate it as soon as possible to the Provider.

 

4.4.- All Orders of Products are subject to their availability. If the Product is not available, for whatever reason, we shall contact you as soon as possible to inform you of this circumstance and to cancel the Order or where appropriate, in order to offer you, with no price increase, a Product with similar characteristics and of equal or higher quality.

 

4.5.- If the Order is cancelled or the Products are no longer available, we shall refund you as soon as possible the amount charged through the same payment method with which we received it.

 

4.6.- We reserve the right to withdraw any Product from this Website at any time, as well as to modify and update our catalogue of Products.

 

 

 

5.- ORDERS

 

5.1.- To place an Order you must follow the purchase process described in Clause Six and click on the button “Place Order”.

 

5.2.- After this, you shall receive an email, within a period of 24 hours after receiving the Order, confirming the purchase made (the “Order Confirmation”).

 

5.3.- The Orders formalised in the manner described above, shall be stored in our Website and the Client may access them through the section my account.

 

5.4.- The Orders can only be formalised in Spanish.

 

 

 

6.- PURCHASING PROCESS

 

To purchase any of our Products on this Website you must follow these steps:

 

a) Access as a registered user or register when Completing the Purchase.

 

To be able to place an Order, you must access the Website as a registered user, with your username and assigned password, or register when Completing the Purchase.

 

b) Product Selection

 

Access the section “Products” and click on the image you wish to view and to find out about its main characteristics. Add the Products of your choice to the shopping cart and repeat the process as many times as you wish. Once you have finished your selection you can click on Complete the Purchase, to continue the purchasing process.

 

c) Delivery details

 

In this space you must complete the available fields to specify the place of delivery, you may choose between sending to your address within the Territory, or if it is a gift, send to the address within the Territory of the person to whom you are giving the gift.

 

d) Select payment method

 

In the next step you must select the payment method that best suits you between those available on the Website, as detailed in Clause Seven. Depending on the method selected, you shall fill in the required fields corresponding to the method. Similarly, you shall have the option to request an invoice, in which case you will access the necessary fields to complete your fiscal information. If you request an invoice, you must choose between receiving this invoice in paper or in electronic format.

 

e) Placing the Order

 

At this point of the process the next step will be to place the order and to make the payment. For this, you must:

 

1. Click on the button “Shopping Cart” at the top of the page.

 

2. Check all your shopping details: Products, quantities, delivery address, total amount, etc.

Please check that all the information is correct and, if you identify any error, update the corresponding information.

 

3. Enter the necessary data to make the payment (your credit/debit card details or PayPal account).

 

4. Read and tick the box “I have read and accept the Terms and Conditions”

 

5. Click on the button “Place Order” to complete the purchasing process.

 

6. Once the Order is complete, the Client shall receive an email with its details (“Order Confirmation”).

 

If once an Order has been placed, it contains an error, please immediately communicate it to our email address shop@point-sl.com.

 

 

 

7.- PRICE AND PAYMENT

 

7.1.- The price of each Product shall be that indicated at any time on our Website, as well as the delivery costs.

 

7.2.- The prices of the Products that appear on this Website include VAT, but exclude delivery costs, which shall be added to the total amount in the payment process. Depending on the delivery address for the Order, the delivery costs shall be the following:

 

• Deliveries to the Iberian Peninsula and the Balearic Islands: Free shipping. Door to door at street level (except for the costs caused by moving the furniture into the client's home, i.e. if they had to hire cranes, forklifts or request municipal permits that shall be borne by the client.)

o Deliveries to the Canary Islands: It shall be quoted according to weight, volume, pieces, customs expenses, taxes and final delivery address. However, the transport costs shall be confirmed in advance before the order is confirmed. (except for the costs caused by moving the furniture into the client's home, i.e. if they had to hire cranes, forklift or request municipal permits that shall be borne by the client.)

 

• Deliveries to the Canary Islands, Ceuta and Melilla please request an estimate by calling (+34) 965 757 395 or by sending an email to shop@point-sl.com where we shall provide an estimate according to weight, volume, pieces, customs expenses, taxes and final delivery address.

 

• In accordance with the previsions in article 68 of the Law 37/1992, of 28 December, of the Value Added Tax, the deliveries of movable tangible goods that must be subject to transportation to be at the disposal of the acquirer, when the transport begins in the referred territory shall be understood as made in Spanish territory, with the exception of those destined to the Canary Islands, Ceuta and Melilla. The rate of applicable VAT shall be that legally valid when making the sale. In the orders destined for the Canary Islands, Ceuta and Melilla, the delivery shall be exempt from VAT, pursuant to Article 21 of Law 37/1992, without prejudice to the application of the corresponding tax and tariffs according to the current regulation in each of these territories.

 

7.3.- Below are the payment methods that you can choose in our payment form:

 

Payment with bank card. To proceed to pay by bank card we use the payment gateways of Caixabank, Sequra and PayPal. Once the Order has been placed and the payment method is confirmed by bank card, you shall be sent to this gateway and you must provide the information that the bank requests, such as your card number, security code and expiry date. It is important that the Client knows that at no point do we have access to this information, as all the data provided by you is transferred directly and encrypted to the bank. The Bank uses SSL protocol (Secure Socket Layer), to ensure a secure and encrypted connection. This payment method can only be used by the cardholder or the person with right to use it.

 

Payment with PayPal. To enter the details of a card or of a PayPal account, you must have the right to use them and this card or account must have sufficient funds to cover the possible payment. You are fully responsible for the data provided in order to purchase Products, being correct. If you choose this payment method the system shall directly forward you to the PayPal site. It is important that the user knows that at no point do we have access to this information, as all the data provided by the user is transferred directly and encrypted between the user and PayPal. PayPal uses SSL protocol (Secure Socket Layer), to ensure a secure and encrypted connection.

 

Payment with Sequra: With this payment method you can pay up to 7 days after placing the order or postpone the payment in convenient instalments. To enter the details of a card, you must have the right to use them and this card or account must have sufficient funds to cover the possible payment. You are fully responsible for the data provided in order to purchase the products, being correct. It is important that the user knows that at no point do we have access to this information, as all the data provided by the user is transferred directly and encrypted between the user and Sequra. Sequra uses SSL protocol (Secure Socket Layer), to ensure a secure and encrypted connection.

 

 

 

8.- DELIVERY

 

8.1.- We shall deliver the Products to the delivery address that appears on your Order and that is located in the Territory. In order to optimise the delivery process, the address that the Client indicates must be an address which can be delivered to within normal working hours. We shall not be made responsible for errors or damages as a result of the delivery, when the delivery address entered by the Client does not match the desired place of delivery.

 

8.2.- We shall try to deliver the Order in a maximum period of 25 days counting from the date of the Order Confirmation. If for any reason we cannot deliver within the maximum delivery period, we shall inform you of this circumstance and give you the option to continue with the purchase, establishing a new delivery date, or to cancel the Order, with a full refund of the amounts paid.

 

8.3.- For the purposes of these Terms and Conditions of the Contract, it shall be understood that the "delivery" has taken place or that the Order has been delivered at the moment of signing its receipt at the agreed delivery address or, in case of the recipient’s unavailability at the agreed place of delivery, at the date of attempted delivery consigned by the courier service in charge of the delivery.

 

8.4.- When the Order is delivered, the recipient must sign the delivery note and request a copy of it from the carrier.

 

8.5.- If an Order is delivered with visible defects in the outer packaging, the delivery note must not be signed as conforming, but a complaint must be made on the spot to the carrier by including a written reservation on the delivery note and communicate it to us for its management.

 

8.6.- We deliver in our standard packages. Special packaging is subject to a surcharge, on a case-by-case basis.

 

8.7.- Make sure not to damage the contents of the package when opening it, especially when using sharp instruments.

 

8.8.- Along with the Order we shall deliver the invoice of the purchase made. For this purpose, we shall also send you the invoice in electronic format, therefore, the customer consents to the invoice being sent to them in electronic format. The client shall receive it to the email address they have provided us.

 

 

 

9.- TRANSFER OF RISK AND OWNERSHIP OF THE PRODUCTS

 

9.1.- The risks of the Products shall be borne by the Client from the time of delivery or, if this is not possible for reasons attributable to the Client, from the time they are made available at the agreed place of delivery.

 

9.2.- You shall acquire ownership of the Products when we receive the full payment of all amounts due in respect thereof, including delivery costs.

 

 

 

10.- RETURNS AND EXCHANGE POLICY

 

A. Right of withdrawal

 

In accordance with the regulations in force, if you are contracting as a consumer you may withdraw from the Contract, without the need to indicate the reason, within 14 calendar days from the date on which you acquire material possession of the Product.

 

The steps to follow are the following:

 

(1) Notification of withdrawal

 

To exercise the right of withdrawal, you must notify us your decision to withdraw from the Contract through a clear statement (for example, a letter sent by postal mail, fax or email). To do so, you can use the withdrawal form that can be downloaded on the following link and send to the email address venta-online@point-sl.com or make another type of clear statement indicating your decision to withdraw from the contract, identifying the Order to which it refers. In the event that you inform us of your decision to withdraw by email, we will promptly confirm the receipt of this withdrawal by email.

 

To communicate to us your decision to withdraw below are the following contact details:

 

POINT S.L.

PARTIDA PLANET,S/N • 03727 JALON  (ALICANTE) SPAIN

T. (+34) 966 480 132

F. (+34) 966 480 358

shop@point-sl.com

 

In any case, in your notification of withdrawal you must identify the Order regarding that which you exercise the right of withdrawal.

In order to comply with the withdrawal period, it is sufficient that the communication relating to the exercise of this right by you is sent before the corresponding period expires.

 

(2) Returning the Product

 

After notifying us of your decision to withdraw, you must return us the Product referring to this withdraw to the postal address indicated above, with no undue delay and, in any case, no later than 14 calendar days from the day in which you communicate to us your decision to withdraw. The deadline shall be considered to have been met if the Products are returned before this period has expired.

 

In any case, the Products must be returned in perfect condition, the Client being responsible for the decrease in value of the Products resulting from them being handled other than that necessary to establish their nature, characteristics or operation. In order to guarantee the return of the Products in perfect condition, suitable packaging must be used for the characteristics of the Products and the type of shipping.

 

Result of the withdrawal:

 

In the event of a withdrawal on your part, we shall refund all payments received from you, including delivery costs (with the exception of additional costs resulting from you selecting a delivery method other than the least expensive method of standard delivery we offer), without undue delay and, in any event, no later than 14 calendar days from the date on which we are informed of your decision to withdraw. We shall proceed to make this refund using the same means of payment used by you for the initial transaction, unless you have expressly provided otherwise; in any event, you will incur no expense as a result of the refund.

 

Notwithstanding the above paragraph, we may withhold the refund until we have received the Product, or until you have provided proof of the return of the Product, whichever condition is met first.

 

In case of withdrawal, you must bear the direct cost of returning the Products (delivery costs).

 

B. Exceptions to the right of withdrawal

 

In accordance with article 103.b of the Legislative Royal Decree 1/2007, approving the Consolidated Text of the General Law for the Protection of Consumers and Users, the right of withdrawal shall not apply to the Orders of Products made according to the Client's specifications or clearly personalised.

 

Similarly, and in accordance with article 103.e) of the abovementioned Consolidated Text, the right of withdrawal shall not apply to Orders relating to Products that are delivered sealed and that are not suitable to be returned once unsealed, for reasons of health protection or hygiene.

 

C. Returning faulty Products

 

In the cases in which you consider that, at the moment of delivery, the Product does not conform to that stipulated in the contract, due to any fault or defect, you must contact us within 7 days following delivery through our contact form, indicating the Product’s identifying information, as well as the Order to which it refers, and specifying the defect or fault it presents.

 

As soon as we receive your communication, we will contact you as soon as possible to inform you of the date on which a courier will go to the address you provide to take the Product back.

 

After the Product has been taken back, we shall examine it carefully and shall inform you by email, within a reasonable period of time, whether you have the right to demand its repair or, at your choice, its replacement, unless one of these options is objectively impossible or disproportionate in accordance with articles 119 and 120 of the Royal Legislative Decree 1/2007 approving the Consolidated Text of the General Law for the Protection of Consumers and Users.

 

If the Product is repaired or replaced, this must be done within a reasonable period of time and shall be free of charge, including the costs necessary to remedy the Product’s lack of conformity with the contract, delivery costs and costs related to labour and materials.

 

The consumer may not demand a replacement of non-expendable or second-hand Products.

 

If you are unable to demand a repair or replacement, or if the repair or replacement has not been carried out within a reasonable period of time or without major inconvenience to you, you may choose between a reduction in price and termination of the contract. A decision shall not be taken where the lack of conformity is of minor importance. The price reduction shall be proportional to the difference between the value that the Product would have had at the time of delivery if it had been in conformity with the contract and the value that the Product actually delivered had at the time of such delivery.

 

D. Legal guarantee

 

In accordance with Royal Legislative Decree 1/2007, the Provider shall be responsible for any lack of conformity that becomes apparent in the two years from the delivery. The Client must inform of the lack of conformity within two months of becoming aware of it.

 

 

 

11.- RESPONSIBILITY

 

Unless expressly provided otherwise in these Terms and Conditions of the Contract, our responsibility in respect of any Product purchased on this Website shall be strictly limited to the amounts paid for its purchase.

 

Notwithstanding the above, our responsibility is neither excluded nor limited in the following cases:

 

a) In the event of death or personal injury caused by our negligence;

b) In case of fraud or fraudulent misrepresentation; or

c) In any matter in which it would be unlawful or illegal for us to exclude, limit or attempt to exclude or limit our responsibility.

 

Without prejudice to the provisions of the paragraph above and, to the extent permitted by law and unless stipulated otherwise in these Terms and Conditions of the Contract, we shall not accept any responsibility for the following losses, regardless of their origin:

 

a) loss of income or sales,

b) loss of business;

c) loss of actual or expected profits;

d) loss of profit or loss of contracts;

e) loss of expected savings;

f) loss of data;

g) loss of clients;

h) loss of reputation;

i) loss of operating time;

j) any indirect or consequential loss.

 

The provisions of this Clause shall not affect your legal rights as a consumer and user or your right of withdrawal.

 

 

 

12.- COMPLAINT MANAGEMENT

 

12.1.- We shall comply with the obligations set out in these Terms and Conditions of the Contract with reasonable care and diligence.

 

12.2.- The satisfaction of our customers is of the utmost importance to us, so you can contact us at any time. Our contact details are set out in clause 10.A.1 of these Terms and Conditions of the Contract.

 

12.3.- In the event of a complaint, it would be helpful if you could provide us with as precise a description as possible of the reason for your complaint and, if available, a copy of your Order or Order Confirmation. Occasionally, your emails may be automatically forwarded to our spam mailbox or you may not receive ours for the same reason.

 

 

 

13.- PERSONAL DATA PROTECTION

 

In accordance with the (EU) Regulation 2016/679, of 27 of April, regarding the protection of individuals with regard to the processing of personal data and the free circulation of this data (hereinafter, GDPR)

 

WHO IS RESPONSIBLE FOR PROCESSING YOUR DATA?

 

Name: Point, S.L.

Address: PARTIDA PLANET S/N 03727 XALO ALICANTE

Tax ID Number B03129236

Tel: (+34) 966 480 132

Email: info@point-sl.com

 

FOR WHAT PURPOSE DO WE PROCESS YOUR PERSONAL DATA?

 

Your personal data will only be used for the following purposes:

 

-To manage information requests made through the website or email for the purpose of providing information on our products and services.

 

-To manage purchases.

 

-For accounting, fiscal and administrative management.

 

WHAT IS THE LEGITIMACY OF THE PROCESSING OF YOUR PERSONAL DATA?

 

-Execution of pre-contractual measures at the request of the interested party. Your personal data shall be treated based on the pre-contractual relation that starts the processing when you request information on our products.

 

If you are a client or make a purchase through our online store:

 

-Execution of a contract as a client

 

-The compliance of legal obligations applicable to the activity, resulting from tax and commercial law.

 

HOW LONG WILL WE STORE YOUR PERSONAL DATA FOR?

 

The personal data you provide us shall be stored while our contractual or commercial relationship is maintained. However, from the termination date of our contractual or commercial relationship your data shall be stored for:

 

- ONE YEAR those from connections made online with our website, email and telephone calls, instant messaging, SMS or MMS.

 

If you are our client your data shall be stored for:

 

- FOUR YEARS for tax purposes. The accounting records and other required records according to the applicable tax regulations (personal income tax, VAT, corporate tax, etc.) as well as supporting documents that justify the annotations recorded in the accounts.

 

- SIX YEARS. The personal data included in the required records, documentation and justifications concerning the professional activity according to the Code of Commerce.

 

HOW DID WE OBTAIN YOUR PERSONAL DATA?

 

You have provided us with the data obtained.

 

TO WHICH RECIPIENTS SHALL YOUR PERSONAL DATA BE COMMUNICATED?

 

No transfer of data is planned, except for legal obligations.

 

WHAT ARE YOUR RIGHTS WHEN YOU PROVIDE US WITH YOUR PERSONAL DATA?

Any interested party may request the exercise of the following rights:

 

Rights

Right to access The interested party has the right to obtain confirmation as to whether or not their personal data is being processed.

Right to rectify The interested party shall have the right to have inaccurate or incomplete personal data rectified.

Right to erasure The interested party shall have the right to obtain the erasure of personal data concerning them when the personal data is no longer ecessary in relation to the purposes for which they were collected or otherwise processed.

Right to limitation You may request limitation on the processing of your personal data, in which case they would only be stored in order to exercise or defend claims.

Right to the portability of your data You may request that your automated personal data be transferred to any other company that you indicate to us in a structured, intelligible and automated format.

Right to withdraw consent You shall have the right to withdraw consent at any time, without affecting the lawfulness of the processing based on the consent prior to withdrawal.

Right to oppose The interested party shall have the right to object to the processing of their data.

 

HOW CAN I EXERCISE THESE RIGHTS?

 

We provide you with the forms where you can exercise these rights if you ask us for them. You can contact us by emailing info@point-sl.com indicating the right you wish to exercise, and we will send you the corresponding form.

 

The exercise of rights must be carried out by sending an email to info@point-sl.com or by writing to PARTIDA PLANET S/N 03727 XALO ALICANTE.

 

WHO CAN EXERCISE THE RIGHTS?

 

The rights of the interested parties are very personal, therefore, will be exercised by the holder of the data providing proof of their identity (for this you will be asked for a national ID document).

 

You may also exercise through legal representation, in which case, as well as the national ID document of the interested party, the national ID document of the representation of the third party must be provided.

 

WHAT WILL OUR OBLIGATION BE WHEN YOU EXERCISE ANY OF THESE RIGHTS?

 

The data controller must reply to the request addressed to them in any case, regardless of whether or not personal data of the concerned or interested party are included in its processing.

 

If the request does not meet the specified requirements, the data controller must request its correction.

 

The data controller shall reply to the requests within a period of a month from when the request is received. This period may be extended by another two months if necessary, taking into account the complexity and the number of requests. The data controller shall inform the interested party of any extensions to the period of a month from when the request is received, indicating the reasons for the delay.

 

RIGHT OF COMPLAINT TO THE CONTROL AUTHORITY

 

You may request the protection of rights that have not been properly addressed to the Spanish Data Protection Agency. Through the electronic office on its web portal (www.agpd.es) or by writing to the postal address (C/Jorge Juan, 6, 28001-Madrid).

 

WHAT MEASURES DO WE TAKE TO KEEP YOUR INFORMATION SECURE?

 

We use reasonable technical and physical measures to protect the information we collect through the website.

 

DATA PROTECTION ON SOCIAL NETWORKS

 

We use Facebook, Twitter, Instagram and Pinterest accounts to inform you about our activities and to interact with our followers. By becoming a follower of ours, you consent to the personal data available on your profile to be processed, exclusively for that purpose and only in the Facebook, Twitter, Instagram, and Pinterest environment according to their usage and privacy policies.

You may exercise the rights of access, rectification, suppression, limitation, portability of your data, withdraw of consent and opposition by emailing info@point-sl.com. We shall answer your requests within the framework and with the limitations derived from the operating rules established by Facebook, Twitter, Instagram, and Pinterest.

 

 

 

14.- NOTIFICATIONS

 

14.1.- Any notification relating to an Order shall be made in writing and shall be physically delivered, by registered or ordinary post, with prepaid postage or by email to the corresponding party, whose postal address or email address has been provided by that party.

 

14.2.- By using this website, you accept that most of these communications with us are electronic. For contractual purposes, you consent to the use of this electronic means of communication and acknowledge that all contracts, notifications, information and other communications sent to you electronically comply with the legal requirements to be in writing.

 

 

 

15.- CESSION OF RIGHTS AND OBLIGATIONS

 

15.1.- The Contract is binding on both you and on us, as well as on our respective successors and assigns.

 

15.2.- Neither party may transfer, assign, encumber, subcontract or in any other way transfer a contract or any of the rights or obligations derived from it, without having obtained the prior written consent of the other party.

 

 

 

16.- EVENTS OF FORCE MAJEURE

 

16.1.- We shall not be responsible for breaches, impediments or delays in the compliance of a Contract attributable to any cause of force majeure, including without limitation any natural catastrophe, actions of third parties (including, without limitation, hackers, distributors, governments and local authorities, supranational and quasi-governmental), insurrections, riots, social disruption, wars, hostilities, bellicose operations, national emergencies, terrorism, piracy, detentions, arrests made by the relevant authorities, strikes, lockouts, epidemics, fires, explosions, storms, floods, drought, weather conditions, earthquakes, natural disasters, accidents, mechanical breakdowns, third party software, non-existence or problems with the supply of public services (including incidents with electricity, telecommunications or internet supply), shortage or non-existence of supplies, materials, equipment or transport ("Causes of Force Majeure"), regardless of the possible forecasting of such circumstances.

 

16.2.- Both parties may terminate the contract immediately, by written notice, if the Causes of Force Majeure do not cease within 5 working days. In such a case, neither party shall be responsible for the termination (except in relation to reimbursement of the amount of a Product paid but not delivered).

 

 

 

17.- WAIVER

 

Unless otherwise provided by law, any delay by the parties in exercising any right stipulated in these Terms and Conditions of the Contract or in a contract shall not affect or represent the waiver of this or any other right. Nor shall it prejudice the rights or resources relating to such right or modify or reduce the rights established by these Terms and Conditions of the Contract or by a contract.

 

 

 

18.- PARTIAL INVALIDITY

 

If any of the Clauses of these Terms and Conditions of the Contract is declared null, invalid or not applicable by means of a final decision by a competent authority, said nullity, invalidity or inapplicability shall not affect in any way the rest of the Clauses, neither totally nor partially, which shall remain in full force as long as these Terms and Conditions of the Contract or the contract remain in force without the Clause considered as inapplicable.

 

 

 

19.- INTEGRITY OF CONDITIONS

 

These Terms and Conditions of the Contract and any documents referred to herein constitute the entire agreement between Provider, as seller, and the Client, as buyer, and supersede any other prior pact, agreement or promise made between you and us, whether orally or in writing.

 

 

 

20.- MODIFICATION OF THE TERMS AND CONDITIONS OF THE CONTRACT

 

20.1.- We have the right to revise and modify these Terms and Conditions of the Contract at any time.

 

20.2.- You shall be subject to the current version of these Terms and Conditions of the Contract at the time you use this Website or place each Order, unless we must make retroactive changes to these Terms and Conditions of the Contract by law or decision of the competent authorities, in which case, any possible changes shall also affect the Orders you have previously placed.

 

 

 

21.- APPLICABLE LAW AND JURISDICTION

 

21.1.- These Terms and Conditions of the Contract are governed by Spanish law.

 

21.2.- The parties submit, of their choice, for the resolution of disputes and waiving any other jurisdiction, to the competent Courts and Tribunals according to law.

 

 

 

22. ONLINE DISPUTE RESOLUTION

 

"Online consumer dispute resolution under Art. 14.1 of Regulation (EU) 524/2013: The European Commission provides an online dispute resolution platform which is available on the following link: http://ec.europa.eu/consumers/odr/. Consumers may submit their complaints through the online dispute resolution platform.”